Section 18783 - Local Adoption of the Final Draft Siting Element and Summary Plan, and the Countywide and Regional Agency Integrated Waste Management Plans(a) Local adoption of the CIWMP will occur when the final draft Siting Element and Summary Plan are adopted by the county and the cities within the county as described in Public Resources Code section 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with the California Environmental Quality Act (CEQA), pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in the county, and the county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. Failure by a city to take action on the Siting Element or Summary Plan shall be deemed an approval of the Siting Plan or Summary Plan by that city.(2) If the final draft Siting Element and Summary Plan are not approved by the county and the cities within the county, pursuant to PRC sections 41721 and 41760, then the county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760.(b) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(A) and (5) of this article will occur when the final draft Siting Element and Summary Plan from each county that makes up the regional agency have been adopted by the county and cities within the county. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in the county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.(2) If the final draft Siting Element and Summary Plan are not approved by each county and the cities within each county as described in Public Resources Code sections 41721 and 41760, then the county responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article.(c) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(B) of this article will occur when the final draft Siting Element and Summary Plan have been approved by the regional agency and by a majority of the member agencies within the regional agency except in those regional agencies which have only two member agencies, in which case the Siting Element and Summary Plan are subject to approval of the member agency which contains a majority of the population of the member agencies of the county. Each member agency shall act upon the Siting Element and the Summary Plan within 90 days after receipt of the documents. If a member agency fails to act upon the Siting Element and Summary Plan within 90 days after receipt of the element and plan, the member agency shall be deemed to have approved the Siting Element and Summary Plan as submitted. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq.(1) Each member agency, and the regional agency, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the regional agency and each member agency within the regional agency shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.(2) If the final draft Siting Element and Summary Plan are not approved as provided in subsection (c) of this section, then the regional agency responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in subsection (c) above.(d) Local approval of the RAIWMP for a regional agency formed pursuant to section 18776(b)(4) of this article will occur when the final draft Siting Element and Summary Plan for each county where the regional agency exists have been adopted by the cities and each county. The final draft Siting Element and Summary Plan shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in each county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and city within each county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan.(2) If the final draft Siting Element and Summary Plan are not approved by each county and cities within each county, then each county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 of this article and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These documents shall be approved as described in Public Resources Code section 41721 and 41760. These revised documents shall be approved as described in this subsection (d) above.(e) If a jurisdiction or member agency disapproves the Siting Element or the Summary Plan, the jurisdiction or member agency shall give written notification to the LTF, the County Board of Supervisors and the Board of the deficient areas in the Siting Element or the Summary Plan within 30 days of disapproval.Cal. Code Regs. Tit. 14, § 18783
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (c) and reference cites filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 37).
8. Amendment of section heading and subsection (a), new subsections (a)(1)-(2), repealer of subsections (b)-(b)(1) and new subsections (b)-(b)(2), repealer and new subsection (c), redesignation and amendment of subsection (c)(1) to subsection (e), new subsections (c)(1)-(d)(2) and amendment of NOTE filed 7-22-94; operative 8-22-94 (Register 94, No. 29). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41720, 41721, 41751 and 41760, Public Resources Code.
1. New section filed 3-19-90 as an emergency; operative 3-19-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-17-90.
2. New section refiled 7-6-90 as an emergency; operative 7-17-90 (Register 90, No. 37). A Certificate of Compliance must be transmitted to OAL by 11-14-90 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of Certificate of Compliance due date in HISTORY 2 (Register 91, No. 13).
4. Request for readoption of 7-6-90 emergency regulations approved by OAL 11-6-90 but never filed with Secretary of State. Section repealed by operation of Government Code section 11346.1(e) (Register 91, No. 13).
5. New section refiled 2-15-91 as an emergency; operative 2-15-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-15-91 order, including amendment of subsections (a), (b) and (c), transmitted to OAL 4-29-91 and filed 5-29-91 (Register 91, No. 37).
7. Change without regulatory effect amending subsection (c) and reference cites filed 7-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 37).
8. Amendment of section heading and subsection (a), new subsections (a)(1)-(2), repealer of subsections (b)-(b)(1) and new subsections (b)-(b)(2), repealer and new subsection (c), redesignation and amendment of subsection (c)(1) to subsection (e), new subsections (c)(1)-(d)(2) and amendment of Note filed 7-22-94; operative 8-22-94 (Register 94, No. 29).